IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130018954
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Meritorious Unit Commendation and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.
2. He states he served in the RVN with the 128th Signal Company from September 1967 to September 1968. Additionally, he states he served in the Air Guard and retired in 2000.
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 3 March 1967. He served in the RVN from 13 September 1967 to 8 August 1968 and was assigned to the 128th Signal Company.
3. His DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his period of service. There is no record of any Article 15s, courts-martial, or any type of adverse action in his available records. There is also no record of a commander's disqualification for the Army Good Conduct Medal (AGCM).
4. On 19 January 1970, he was honorably released from active duty and credited with completing 2 years, 10 months, and 17 days of active duty service. His DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War. This pamphlet shows the 128th Signal Company was cited for the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 14, dated 1979, amended by DAGO 48, dated 1968. The same pamphlet provides for the award of the RVN Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, U.S. Army Vietnam by DAGO Number 8, dated 1974.
6. Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
7. Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for wear on the VSM for participation in each campaign. His records indicate he participated in the following campaigns:
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant is entitled to wear the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 should be corrected to show these awards.
2. The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's disqualification for award of the AGCM. Therefore, he is entitled to award of the AGCM (1st Award) for the period 3 March 1967 to 19 January 1970 and correction of his DD Form 214 to show this award.
3. The evidence also shows he participated in four campaigns during his service in Vietnam. Therefore, he is entitled to correction of his records to show four bronze service stars for wear on his already-awarded VSM.
BOARD VOTE:
____X___ ___X____ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding him the Army Good Conduct Medal (1st Award) for the period
3 March 1967 to 19 January 1970;
b. deleting from his DD Form 214 the Vietnam Service Medal; and
c. adding to his DD Form 214:
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
_______ _ _x______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130018954
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ABCMR Record of Proceedings (cont) AR20130018954
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